Judge Warns Prosecutors In Slaying Trial

A Defense Lawyer For Hendrix Says His Ex-girlfriend Was Coerced And Frightened Into Testifying Against Him.

September 18, 1991|By Jim Runnels Of The Sentinel Staff

TAVARES — The chief witness against Robert Hendrix was coerced, threatened and intimidated by her attorney into becoming a prosecution witness against her former boyfriend, defense attorneys charged Tuesday.

Even though Circuit Judge Jerry Lockett denied defense motions to end the trial, he told prosecutors he never wanted to see such issues arise in his court again.

The dispute began during the cross-examination of Alma Denise Turbyville, former girlfriend of Hendrix and now his chief accuser.

Hendrix is on trial in the Aug. 28, 1990, pistol and knife slayings of Elmer Bryant Scott, 25, and his wife, Susan Michelle Scott, 18.

Prosecutors allege Turbyville and Hendrix planned the killings in order to make sure Elmer Scott couldn't testify against Hendrix in a burglary case.

Defense attorneys have based their case on Turbyville, claiming she either carried out the killings herself to keep Hendrix out of jail, or that she fabricated the evidence to cover up her own involvement.

During the waning moments of her cross-examination Tuesday, defense attorney Ed Kirkland demanded to know the exact circumstances and time Turbyville decided to testify against Hendrix. Her answer caused Kirkland to argue against what he called ''gross misconduct and coercion of a witness.''

Turbyville said one of her publicly funded defense attorneys, Mike Graves, told her that grand jurors had said she deserved the death penalty. The grand jurors decided what formal charges should be brought in the case.

''More than half of the grand jury thought I should get the death penalty if convicted,'' Turbyville said she was told.

Her remark brought the removal of the jury from the courtroom for what turned out to be a three-hour lunch break. Graves was brought to the courthouse immediately and questioned under oath.

Graves said that when he was appointed to the case - after Turbyville was formally charged but before she became a state's witness - he was told by Assistant State Attorney Bill Gross that more than half of the grand jurors thought Turbyville should get the death penalty.

Graves said he got the impression that the conversation took place after the grand jury session was over, but he said that Gross never said precisely at what point the grand jurors expressed their opinion.

''Mr. Gross said the grand jury had voted,'' Graves said, ''and suggested she deserved the death penalty.''

Gross never took the stand Tuesday to explain why he had revealed to Turbyville's attorney what the grand jurors had said. At the time the conversation took place, Gross was planning to bring Turbyville to trial on murder charges.

After Turbyville agreed to join the prosecution's case, she was given a plea bargain. She pleaded guilty to two counts of second-degree murder, two counts of conspiracy to commit first-degree murder, armed burglary of a dwelling and perjury.

She received a sentence of 75 years and testified this week that she expects to serve 49 years of that sentence.

Turbyville admitted under cross-examination, however, that she is taking paralegal courses and has considered attacking her plea bargain and sentence.

Prosecutor Ric Ridgeway, who is acting as ''second chair'' in the trial while Gross handles the main case, took over when Gross came under fire for his actions.

Ridgeway argued that no matter what transpired, Turbyville's testimony was the same before she heard about the grand jury vote as it was later.

Defense attorney Tom Turner argued that Turbyville's testimony should be stricken and that a mistrial should be declared because of prosecutorial misconduct and coercion of Turbyville.

Lockett denied the motions but didn't stop there.

''I've never heard of such a thing,'' Lockett sternly told Gross and Ridgeway. ''And I certainly hope we never hear of it again in this circuit.''

Turner said Lockett's ruling won't be the last time the issue is studied if Hendrix is convicted.

''It would certainly be an issue on appeal, if an appeal is forthcoming,'' he said.